Vous êtes sur la page 1sur 13

PERSONAL AUTO

PP 00 01 01 05

PERSONAL AUTO POLICY


AGREEMENT
In return for payment of the premium and subject to all the terms of this policy, we agree with you as follows:
DEFINITIONS
A. Throughout this policy, "you" and "your" refer to:
1. The "named insured" shown in the Declarations; and
2. The spouse if a resident of the same household.
If the spouse ceases to be a resident of the same
household during the policy period or prior to the
inception of this policy, the spouse will be considered "you" and "your" under this policy but only until the earlier of:
1. The end of 90 days following the spouse's
change of residency;
2. The effective date of another policy listing the
spouse as a named insured; or
3. The end of the policy period.
B. "We", "us" and "our" refer to the Company providing this insurance.
C. For purposes of this policy, a private passenger
type auto, pickup or van shall be deemed to be
owned by a person if leased:
1. Under a written agreement to that person; and
2. For a continuous period of at least 6 months.
Other words and phrases are defined. They are in
quotation marks when used.
D. "Bodily injury" means bodily harm, sickness or
disease, including death that results.
E. "Business" includes trade, profession or occupation.
F. "Family member" means a person related to you
by blood, marriage or adoption who is a resident of
your household. This includes a ward or foster
child.
G. "Occupying" means:
1. In;
2. Upon; or
3. Getting in, on, out or off.
H. "Property damage" means physical injury to, destruction of or loss of use of tangible property.
I. "Trailer" means a vehicle designed to be pulled by
a:
1. Private passenger auto; or

PP 00 01 01 05

2. Pickup or van.
It also means a farm wagon or farm implement
while towed by a vehicle listed in 1. or 2. above.
J. "Your covered auto" means:
1. Any vehicle shown in the Declarations.
2. A "newly acquired auto".
3. Any "trailer" you own.
4. Any auto or "trailer" you do not own while used
as a temporary substitute for any other vehicle
described in this definition which is out of normal use because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. Loss; or
e. Destruction.
This Provision (J.4.) does not apply to Coverage For Damage To Your Auto.
K. "Newly acquired auto":
1. "Newly acquired auto" means any of the following types of vehicles you become the owner of
during the policy period:
a. A private passenger auto; or
b. A pickup or van, for which no other insurance policy provides coverage, that:
(1) Has a Gross Vehicle Weight Rating of
10,000 lbs. or less; and
(2) Is not used for the delivery or transportation of goods and materials unless
such use is:
(a) Incidental to your "business" of installing, maintaining or repairing furnishings or equipment; or
(b) For farming or ranching.
2. Coverage for a "newly acquired auto" is provided as described below. If you ask us to insure a "newly acquired auto" after a specified
time period described below has elapsed, any
coverage we provide for a "newly acquired
auto" will begin at the time you request the
coverage.

ISO Properties, Inc., 2003

Page 1 of 13

a. For any coverage provided in this policy


except Coverage For Damage To Your
Auto, a "newly acquired auto" will have the
broadest coverage we now provide for any
vehicle shown in the Declarations. Coverage begins on the date you become the
owner. However, for this coverage to apply
to a "newly acquired auto" which is in addition to any vehicle shown in the Declarations, you must ask us to insure it within 14
days after you become the owner.
If a "newly acquired auto" replaces a vehicle shown in the Declarations, coverage is
provided for this vehicle without your having
to ask us to insure it.
b. Collision Coverage for a "newly acquired
auto" begins on the date you become the
owner. However, for this coverage to apply,
you must ask us to insure it within:
(1) 14 days after you become the owner if
the Declarations indicate that Collision
Coverage applies to at least one auto. In
this case, the "newly acquired auto" will
have the broadest coverage we now
provide for any auto shown in the Declarations.

(2) Four days after you become the owner if


the Declarations do not indicate that
Collision Coverage applies to at least
one auto. If you comply with the 4 day
requirement and a loss occurred before
you asked us to insure the "newly acquired auto", a Collision deductible of
$500 will apply.
c. Other Than Collision Coverage for a "newly
acquired auto" begins on the date you become the owner. However, for this coverage to apply, you must ask us to insure it
within:
(1) 14 days after you become the owner if
the Declarations indicate that Other
Than Collision Coverage applies to at
least one auto. In this case, the "newly
acquired auto" will have the broadest
coverage we now provide for any auto
shown in the Declarations.
(2) Four days after you become the owner if
the Declarations do not indicate that
Other Than Collision Coverage applies
to at least one auto. If you comply with
the 4 day requirement and a loss occurred before you asked us to insure the
"newly acquired auto", an Other Than
Collision deductible of $500 will apply.

PART A LIABILITY COVERAGE


INSURING AGREEMENT
A. We will pay damages for "bodily injury" or "property damage" for which any "insured" becomes legally responsible because of an auto accident.
Damages include prejudgment interest awarded
against the "insured". We will settle or defend, as
we consider appropriate, any claim or suit asking
for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our
duty to settle or defend ends when our limit of liability for this coverage has been exhausted by
payment of judgments or settlements. We have no
duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under
this policy.
B. "Insured" as used in this Part means:
1. You or any "family member" for the ownership,
maintenance or use of any auto or "trailer".
2. Any person using "your covered auto".
3. For "your covered auto", any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom
coverage is afforded under this Part.

Page 2 of 13

4. For any auto or "trailer", other than "your covered auto", any other person or organization
but only with respect to legal responsibility for
acts or omissions of you or any "family member" for whom coverage is afforded under this
Part. This Provision (B.4.) applies only if the
person or organization does not own or hire the
auto or "trailer".
SUPPLEMENTARY PAYMENTS
We will pay on behalf of an "insured":
1. Up to $250 for the cost of bail bonds required
because of an accident, including related traffic
law violations. The accident must result in
"bodily injury" or "property damage" covered
under this policy.
2. Premiums on appeal bonds and bonds to release attachments in any suit we defend.
3. Interest accruing after a judgment is entered in
any suit we defend. Our duty to pay interest
ends when we offer to pay that part of the
judgment which does not exceed our limit of liability for this coverage.

ISO Properties, Inc., 2003

PP 00 01 01 05

4. Up to $200 a day for loss of earnings, but not


other income, because of attendance at hearings or trials at our request.
5. Other reasonable expenses incurred at our
request.
These payments will not reduce the limit of liability.
EXCLUSIONS
A. We do not provide Liability Coverage for any "insured":
1. Who intentionally causes "bodily injury" or
"property damage".
2. For "property damage" to property owned or
being transported by that "insured".
3. For "property damage" to property:
a. Rented to;
b. Used by; or
c. In the care of;
that "insured".
This Exclusion (A.3.) does not apply to "property damage" to a residence or private garage.
4. For "bodily injury" to an employee of that "insured" during the course of employment. This
Exclusion (A.4.) does not apply to "bodily injury" to a domestic employee unless workers'
compensation benefits are required or available for that domestic employee.
5. For that "insured's" liability arising out of the
ownership or operation of a vehicle while it is
being used as a public or livery conveyance.
This Exclusion (A.5.) does not apply to a
share-the-expense car pool.
6. While employed or otherwise engaged in the
"business" of:
a. Selling;
b. Repairing;
c. Servicing;
d. Storing; or
e. Parking;
vehicles designed for use mainly on public
highways. This includes road testing and delivery. This Exclusion (A.6.) does not apply to the
ownership, maintenance or use of "your covered auto" by:
a. You;
b. Any "family member"; or
c. Any partner, agent or employee of you or
any "family member".

PP 00 01 01 05

7. Maintaining or using any vehicle while that


"insured" is employed or otherwise engaged in
any "business" (other than farming or ranching)
not described in Exclusion A.6.
This Exclusion (A.7.) does not apply to the
maintenance or use of a:
a. Private passenger auto;
b. Pickup or van; or
c. "Trailer" used with a vehicle described in a.
or b. above.
8. Using a vehicle without a reasonable belief that
that "insured" is entitled to do so. This Exclusion (A.8.) does not apply to a "family member"
using "your covered auto" which is owned by
you.
9. For "bodily injury" or "property damage" for
which that "insured":
a. Is an insured under a nuclear energy liability policy; or
b. Would be an insured under a nuclear energy liability policy but for its termination
upon exhaustion of its limit of liability.
A nuclear energy liability policy is a policy issued by any of the following or their successors:
a. Nuclear Energy Liability Insurance Association;
b. Mutual Atomic Energy Liability Underwriters; or
c. Nuclear Insurance Association of Canada.
B. We do not provide Liability Coverage for the ownership, maintenance or use of:
1. Any vehicle which:
a. Has fewer than four wheels; or
b. Is designed mainly for use off public roads.
This Exclusion (B.1.) does not apply:
a. While such vehicle is being used by an
"insured" in a medical emergency;
b. To any "trailer"; or
c. To any non-owned golf cart.
2. Any vehicle, other than "your covered auto",
which is:
a. Owned by you; or
b. Furnished or available for your regular use.
3. Any vehicle, other than "your covered auto",
which is:
a. Owned by any "family member"; or
b. Furnished or available for the regular use of
any "family member".

ISO Properties, Inc., 2003

Page 3 of 13

However, this Exclusion (B.3.) does not apply


to you while you are maintaining or "occupying"
any vehicle which is:
a. Owned by a "family member"; or
b. Furnished or available for the regular use of
a "family member".
4. Any vehicle, located inside a facility designed
for racing, for the purpose of:
a. Competing in; or
b. Practicing or preparing for;
any prearranged or organized racing or speed
contest.
LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for
each person for Bodily Injury Liability is our maximum limit of liability for all damages, including
damages for care, loss of services or death, arising out of "bodily injury" sustained by any one person in any one auto accident. Subject to this limit
for each person, the limit of liability shown in the
Declarations for each accident for Bodily Injury Liability is our maximum limit of liability for all damages for "bodily injury" resulting from any one auto
accident.
The limit of liability shown in the Declarations for
each accident for Property Damage Liability is our
maximum limit of liability for all "property damage"
resulting from any one auto accident.
This is the most we will pay regardless of the
number of:
1. "Insureds";
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or

2. Any Underinsured Motorists Coverage provided by this policy.


OUT OF STATE COVERAGE
If an auto accident to which this policy applies occurs
in any state or province other than the one in which
"your covered auto" is principally garaged, we will
interpret your policy for that accident as follows:
A. If the state or province has:
1. A financial responsibility or similar law specifying limits of liability for "bodily injury" or "property damage" higher than the limit shown in the
Declarations, your policy will provide the higher
specified limit.
2. A compulsory insurance or similar law requiring
a nonresident to maintain insurance whenever
the nonresident uses a vehicle in that state or
province, your policy will provide at least the
required minimum amounts and types of coverage.
B. No one will be entitled to duplicate payments for
the same elements of loss.
FINANCIAL RESPONSIBILITY
When this policy is certified as future proof of financial
responsibility, this policy shall comply with the law to
the extent required.
OTHER INSURANCE
If there is other applicable liability insurance we will
pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all
applicable limits. However, any insurance we provide
for a vehicle you do not own, including any vehicle
while used as a temporary substitute for "your covered auto", shall be excess over any other collectible
insurance.

4. Vehicles involved in the auto accident.


B. No one will be entitled to receive duplicate payments for the same elements of loss under this
coverage and:
1. Part B or Part C of this policy; or
PART B MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT
A. We will pay reasonable expenses incurred for
necessary medical and funeral services because
of "bodily injury":
1. Caused by accident; and
2. Sustained by an "insured".
We will pay only those expenses incurred for services rendered within 3 years from the date of the
accident.

Page 4 of 13

B. "Insured" as used in this Part means:


1. You or any "family member":
a. While "occupying"; or
b. As a pedestrian when struck by;
a motor vehicle designed for use mainly on
public roads or a trailer of any type.
2. Any other person while "occupying" "your covered auto".

ISO Properties, Inc., 2003

PP 00 01 01 05

EXCLUSIONS
We do not provide Medical Payments Coverage for
any "insured" for "bodily injury":
1. Sustained while "occupying" any motorized
vehicle having fewer than four wheels.
2. Sustained while "occupying" "your covered
auto" when it is being used as a public or livery
conveyance. This Exclusion (2.) does not apply
to a share-the-expense car pool.
3. Sustained while "occupying" any vehicle located for use as a residence or premises.
4. Occurring during the course of employment if
workers' compensation benefits are required or
available for the "bodily injury".

10. From or as a consequence of the following,


whether controlled or uncontrolled or however
caused:
a. Nuclear reaction;
b. Radiation; or
c. Radioactive contamination.
11. Sustained while "occupying" any vehicle located inside a facility designed for racing, for
the purpose of:
a. Competing in; or
b. Practicing or preparing for;
any prearranged or organized racing or speed
contest.

5. Sustained while "occupying", or when struck


by, any vehicle (other than "your covered
auto") which is:
a. Owned by you; or
b. Furnished or available for your regular use.
6. Sustained while "occupying", or when struck
by, any vehicle (other than "your covered
auto") which is:
a. Owned by any "family member"; or
b. Furnished or available for the regular use of
any "family member".
However, this Exclusion (6.) does not apply to
you.

LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for
this coverage is our maximum limit of liability for
each person injured in any one accident. This is
the most we will pay regardless of the number of:

7. Sustained while "occupying" a vehicle without a


reasonable belief that that "insured" is entitled
to do so. This Exclusion (7.) does not apply to
a "family member" using "your covered auto"
which is owned by you.
8. Sustained while "occupying" a vehicle when it
is being used in the "business" of an "insured".
This Exclusion (8.) does not apply to "bodily injury" sustained while "occupying" a:
a. Private passenger auto;
b. Pickup or van; or
c. "Trailer" used with a vehicle described in a.
or b. above.
9. Caused by or as a consequence of:
a. Discharge of a nuclear weapon (even if
accidental);

1. Part A or Part C of this policy; or


2. Any Underinsured Motorists Coverage provided by this policy.
OTHER INSURANCE
If there is other applicable auto medical payments
insurance we will pay only our share of the loss. Our
share is the proportion that our limit of liability bears to
the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not
own, including any vehicle while used as a temporary
substitute for "your covered auto", shall be excess
over any other collectible auto insurance providing
payments for medical or funeral expenses.

b.
c.
d.
e.

1. "Insureds";
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
B. No one will be entitled to receive duplicate payments for the same elements of loss under this
coverage and:

War (declared or undeclared);


Civil war;
Insurrection; or
Rebellion or revolution.

PP 00 01 01 05

ISO Properties, Inc., 2003

Page 5 of 13

PART C UNINSURED MOTORISTS COVERAGE


INSURING AGREEMENT
A. We will pay compensatory damages which an
"insured" is legally entitled to recover from the
owner or operator of an "uninsured motor vehicle"
because of "bodily injury":
1. Sustained by an "insured"; and
2. Caused by an accident.
The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "uninsured motor vehicle".
Any judgment for damages arising out of a suit
brought without our written consent is not binding
on us.
B. "Insured" as used in this Part means:
1. You or any "family member".
2. Any other person "occupying" "your covered
auto".
3. Any person for damages that person is entitled
to recover because of "bodily injury" to which
this coverage applies sustained by a person
described in 1. or 2. above.
C. "Uninsured motor vehicle" means a land motor
vehicle or trailer of any type:
1. To which no bodily injury liability bond or policy
applies at the time of the accident.
2. To which a bodily injury liability bond or policy
applies at the time of the accident. In this case
its limit for bodily injury liability must be less
than the minimum limit for bodily injury liability
specified by the financial responsibility law of
the state in which "your covered auto" is principally garaged.
3. Which is a hit-and-run vehicle whose operator
or owner cannot be identified and which hits:
a. You or any "family member";
b. A vehicle which you or any "family member"
are "occupying"; or
c. "Your covered auto".
4. To which a bodily injury liability bond or policy
applies at the time of the accident but the
bonding or insuring company:
a. Denies coverage; or
b. Is or becomes insolvent.
However, "uninsured motor vehicle" does not include any vehicle or equipment:
1. Owned by or furnished or available for the
regular use of you or any "family member".

Page 6 of 13

2. Owned or operated by a self-insurer under any


applicable motor vehicle law, except a selfinsurer which is or becomes insolvent.
3. Owned by any governmental unit or agency.
4. Operated on rails or crawler treads.
5. Designed mainly for use off public roads while
not on public roads.
6. While located for use as a residence or premises.
EXCLUSIONS
A. We do not provide Uninsured Motorists Coverage
for "bodily injury" sustained:
1. By an "insured" while "occupying", or when
struck by, any motor vehicle owned by that "insured" which is not insured for this coverage
under this policy. This includes a trailer of any
type used with that vehicle.
2. By any "family member" while "occupying", or
when struck by, any motor vehicle you own
which is insured for this coverage on a primary
basis under any other policy.
B. We do not provide Uninsured Motorists Coverage
for "bodily injury" sustained by any "insured":
1. If that "insured" or the legal representative
settles the "bodily injury" claim and such settlement prejudices our right to recover payment.
2. While "occupying" "your covered auto" when it
is being used as a public or livery conveyance.
This Exclusion (B.2.) does not apply to a
share-the-expense car pool.
3. Using a vehicle without a reasonable belief that
that "insured" is entitled to do so. This Exclusion (B.3.) does not apply to a "family member"
using "your covered auto" which is owned by
you.
C. This coverage shall not apply directly or indirectly
to benefit any insurer or self-insurer under any of
the following or similar law:
1. Workers' compensation law; or
2. Disability benefits law.
D. We do not provide Uninsured Motorists Coverage
for punitive or exemplary damages.

ISO Properties, Inc., 2003

PP 00 01 01 05

LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for
each person for Uninsured Motorists Coverage is
our maximum limit of liability for all damages, including damages for care, loss of services or
death, arising out of "bodily injury" sustained by
any one person in any one accident. Subject to
this limit for each person, the limit of liability shown
in the Declarations for each accident for Uninsured
Motorists Coverage is our maximum limit of liability
for all damages for "bodily injury" resulting from
any one accident.
This is the most we will pay regardless of the
number of:
1. "Insureds";
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
B. No one will be entitled to receive duplicate payments for the same elements of loss under this
coverage and:
1. Part A or Part B of this policy; or
2. Any Underinsured Motorists Coverage provided by this policy.
C. We will not make a duplicate payment under this
coverage for any element of loss for which payment has been made by or on behalf of persons or
organizations who may be legally responsible.
D. We will not pay for any element of loss if a person
is entitled to receive payment for the same element of loss under any of the following or similar
law:
1. Workers' compensation law; or
2. Disability benefits law.
OTHER INSURANCE
If there is other applicable insurance available under
one or more policies or provisions of coverage that is
similar to the insurance provided under this Part of the
policy:
1. Any recovery for damages under all such policies or provisions of coverage may equal but
not exceed the highest applicable limit for any
one vehicle under any insurance providing
coverage on either a primary or excess basis.
2. Any insurance we provide with respect to a
vehicle you do not own, including any vehicle
while used as a temporary substitute for "your
covered auto", shall be excess over any collectible insurance providing such coverage on
a primary basis.

PP 00 01 01 05

3. If the coverage under this policy is provided:


a. On a primary basis, we will pay only our
share of the loss that must be paid under
insurance providing coverage on a primary
basis. Our share is the proportion that our
limit of liability bears to the total of all applicable limits of liability for coverage provided
on a primary basis.
b. On an excess basis, we will pay only our
share of the loss that must be paid under
insurance providing coverage on an excess
basis. Our share is the proportion that our
limit of liability bears to the total of all applicable limits of liability for coverage provided
on an excess basis.
ARBITRATION
A. If we and an "insured" do not agree:
1. Whether that "insured" is legally entitled to
recover damages; or
2. As to the amount of damages which are recoverable by that "insured";
from the owner or operator of an "uninsured motor
vehicle", then the matter may be arbitrated. However, disputes concerning coverage under this
Part may not be arbitrated.
Both parties must agree to arbitration. If so
agreed, each party will select an arbitrator. The
two arbitrators will select a third. If they cannot
agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction.
B. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator
equally.
C. Unless both parties agree otherwise, arbitration
will take place in the county in which the "insured"
lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by at least
two of the arbitrators will be binding as to:
1. Whether the "insured" is legally entitled to
recover damages; and
2. The amount of damages. This applies only if
the amount does not exceed the minimum limit
for bodily injury liability specified by the financial responsibility law of the state in which
"your covered auto" is principally garaged. If
the amount exceeds that limit, either party may
demand the right to a trial. This demand must
be made within 60 days of the arbitrators' decision. If this demand is not made, the amount of
damages agreed to by the arbitrators will be
binding.

ISO Properties, Inc., 2003

Page 7 of 13

PART D COVERAGE FOR DAMAGE TO YOUR AUTO


INSURING AGREEMENT
A. We will pay for direct and accidental loss to "your
covered auto" or any "non-owned auto", including
their equipment, minus any applicable deductible
shown in the Declarations. If loss to more than
one "your covered auto" or "non-owned auto" results from the same "collision", only the highest
applicable deductible will apply. We will pay for
loss to "your covered auto" caused by:
1. Other than "collision" only if the Declarations
indicate that Other Than Collision Coverage is
provided for that auto.
2. "Collision" only if the Declarations indicate
that Collision Coverage is provided for that
auto.
If there is a loss to a "non-owned auto", we will
provide the broadest coverage applicable to any
"your covered auto" shown in the Declarations.
B. "Collision" means the upset of "your covered
auto" or a "non-owned auto" or their impact with
another vehicle or object.
Loss caused by the following is considered other
than "collision":
1. Missiles or falling objects;
2. Fire;
3. Theft or larceny;
4. Explosion or earthquake;
5. Windstorm;
6. Hail, water or flood;
7. Malicious mischief or vandalism;
8. Riot or civil commotion;
9. Contact with bird or animal; or
10. Breakage of glass.
If breakage of glass is caused by a "collision",
you may elect to have it considered a loss
caused by "collision".
C. "Non-owned auto" means:
1. Any private passenger auto, pickup, van or
"trailer" not owned by or furnished or available
for the regular use of you or any "family
member" while in the custody of or being operated by you or any "family member"; or
2. Any auto or "trailer" you do not own while
used as a temporary substitute for "your covered auto" which is out of normal use because of its:

d. Loss; or
e. Destruction.
TRANSPORTATION EXPENSES
A. In addition, we will pay, without application of a
deductible, up to a maximum of $600 for:
1. Temporary transportation expenses not exceeding $20 per day incurred by you in the
event of a loss to "your covered auto". We will
pay for such expenses if the loss is caused
by:
a. Other than "collision" only if the Declarations indicate that Other Than Collision
Coverage is provided for that auto.
b. "Collision" only if the Declarations indicate
that Collision Coverage is provided for that
auto.
2. Expenses for which you become legally responsible in the event of loss to a "non-owned
auto". We will pay for such expenses if the
loss is caused by:
a. Other than "collision" only if the Declarations indicate that Other Than Collision
Coverage is provided for any "your covered auto".
b. "Collision" only if the Declarations indicate
that Collision Coverage is provided for any
"your covered auto".
However, the most we will pay for any expenses for loss of use is $20 per day.
B. Subject to the provisions of Paragraph A., if the
loss is caused by:
1. A total theft of "your covered auto" or a "nonowned auto", we will pay only expenses incurred during the period:
a. Beginning 48 hours after the theft; and
b. Ending when "your covered auto" or the
"non-owned auto" is returned to use or we
pay for its loss.
2. Other than theft of a "your covered auto" or a
"non-owned auto", we will pay only expenses
beginning when the auto is withdrawn from
use for more than 24 hours.
Our payment will be limited to that period of time
reasonably required to repair or replace the "your
covered auto" or the "non-owned auto".

a. Breakdown;
b. Repair;
c. Servicing;

Page 8 of 13

ISO Properties, Inc., 2003

PP 00 01 01 05

EXCLUSIONS
We will not pay for:
1. Loss to "your covered auto" or any "nonowned auto" which occurs while it is being
used as a public or livery conveyance. This
Exclusion (1.) does not apply to a share-theexpense car pool.
2. Damage due and confined to:
a. Wear and tear;
b. Freezing;
c. Mechanical or electrical breakdown or
failure; or

6. A total loss to "your covered auto" or any


"non-owned auto" due to destruction or confiscation by governmental or civil authorities.

d. Road damage to tires.


This Exclusion (2.) does not apply if the damage results from the total theft of "your covered auto" or any "non-owned auto".
3. Loss due to or as a consequence of:
a. Radioactive contamination;
b. Discharge of any nuclear weapon (even if
accidental);

(1) Cooking, dining, plumbing or refrigeration facilities;


(2) Awnings or cabanas; or
(3) Any other facilities or equipment used
with a "trailer", camper body, or motor
home.

c. War (declared or undeclared);


d. Civil war;
e. Insurrection; or
f. Rebellion or revolution.
4. Loss to any electronic equipment that reproduces, receives or transmits audio, visual or
data signals. This includes but is not limited
to:
a. Radios and stereos;
b. Tape decks;
c. Compact disk systems;
d. Navigation systems;
e. Internet access systems;
f. Personal computers;
g. Video entertainment systems;
h. Telephones;
i. Televisions;
j. Two-way mobile radios;
k. Scanners; or
l. Citizens band radios.
This Exclusion (4.) does not apply to electronic equipment that is permanently installed
in "your covered auto" or any "non-owned
auto".
5. Loss to tapes, records, disks or other media
used with equipment described in Exclusion
4.

PP 00 01 01 05

This Exclusion (6.) does not apply to the interests of Loss Payees in "your covered
auto".
7. Loss to:
a. A "trailer", camper body, or motor home,
which is not shown in the Declarations; or
b. Facilities or equipment used with such
"trailer", camper body or motor home. Facilities or equipment include but are not
limited to:

This Exclusion (7.) does not apply to a:


a. "Trailer", and its facilities or equipment,
which you do not own; or
b. "Trailer", camper body, or the facilities or
equipment in or attached to the "trailer" or
camper body, which you:
(1) Acquire during the policy period; and
(2) Ask us to insure within 14 days after
you become the owner.
8. Loss to any "non-owned auto" when used by
you or any "family member" without a reasonable belief that you or that "family member"
are entitled to do so.
9. Loss to equipment designed or used for the
detection or location of radar or laser.
10. Loss to any custom furnishings or equipment
in or upon any pickup or van. Custom furnishings or equipment include but are not limited
to:
a. Special carpeting or insulation;
b. Furniture or bars;
c. Height-extending roofs; or
d. Custom murals, paintings or other decals
or graphics.
This Exclusion (10.) does not apply to a cap,
cover or bedliner in or upon any "your covered auto" which is a pickup.
11. Loss to any "non-owned auto" being maintained or used by any person while employed
or otherwise engaged in the "business" of:
a. Selling;
b. Repairing;

ISO Properties, Inc., 2003

Page 9 of 13

c. Servicing;
d. Storing; or
e. Parking;
vehicles designed for use on public highways.
This includes road testing and delivery.
12. Loss to "your covered auto" or any "nonowned auto", located inside a facility designed for racing, for the purpose of:
a. Competing in; or
b. Practicing or preparing for;
any prearranged or organized racing or speed
contest.
13. Loss to, or loss of use of, a "non-owned auto"
rented by:

PAYMENT OF LOSS
We may pay for loss in money or repair or replace
the damaged or stolen property. We may, at our
expense, return any stolen property to:
1. You; or
2. The address shown in this policy.
If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part
of the property at an agreed or appraised value.

a. You; or
b. Any "family member";
if a rental vehicle company is precluded from
recovering such loss or loss of use, from you
or that "family member", pursuant to the provisions of any applicable rental agreement or
state law.
LIMIT OF LIABILITY
A. Our limit of liability for loss will be the lesser of
the:
1. Actual cash value of the stolen or damaged
property; or

OTHER SOURCES OF RECOVERY


If other sources of recovery also cover the loss, we
will pay only our share of the loss. Our share is the
proportion that our limit of liability bears to the total
of all applicable limits. However, any insurance we
provide with respect to a "non-owned auto" shall be
excess over any other collectible source of recovery
including, but not limited to:

2. Amount necessary to repair or replace the


property with other property of like kind and
quality.
However, the most we will pay for loss to:
1. Any "non-owned auto" which is a trailer is
$1500.
2. Electronic equipment that reproduces, receives or transmits audio, visual or data signals, which is permanently installed in the
auto in locations not used by the auto manufacturer for installation of such equipment, is
$1,000.
B. An adjustment for depreciation and physical
condition will be made in determining actual cash
value in the event of a total loss.
C. If a repair or replacement results in better than
like kind or quality, we will not pay for the amount
of the betterment.

Page 10 of 13

If we pay for loss in money, our payment will include


the applicable sales tax for the damaged or stolen
property.
NO BENEFIT TO BAILEE
This insurance shall not directly or indirectly benefit
any carrier or other bailee for hire.

1. Any coverage provided by the owner of the


"non-owned auto";
2. Any other applicable physical damage insurance;
3. Any other source of recovery applicable to the
loss.
APPRAISAL
A. If we and you do not agree on the amount of
loss, either may demand an appraisal of the loss.
In this event, each party will select a competent
and impartial appraiser. The two appraisers will
select an umpire. The appraisers will state separately the actual cash value and the amount of
loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by
any two will be binding. Each party will:
1. Pay its chosen appraiser; and
2. Bear the expenses of the appraisal and umpire equally.
B. We do not waive any of our rights under this
policy by agreeing to an appraisal.

ISO Properties, Inc., 2003

PP 00 01 01 05

PART E DUTIES AFTER AN ACCIDENT OR LOSS


We have no duty to provide coverage under this policy if the failure to comply with the following duties is
prejudicial to us:
A. We must be notified promptly of how, when and
where the accident or loss happened. Notice
should also include the names and addresses of
any injured persons and of any witnesses.
B. A person seeking any coverage must:
1. Cooperate with us in the investigation, settlement or defense of any claim or suit.
2. Promptly send us copies of any notices or legal
papers received in connection with the accident or loss.
3. Submit, as often as we reasonably require:
a. To physical exams by physicians we select.
We will pay for these exams.
b. To examination under oath and subscribe
the same.

b. Other pertinent records.


5. Submit a proof of loss when required by us.
C. A person seeking Uninsured Motorists Coverage
must also:
1. Promptly notify the police if a hit-and-run driver
is involved.
2. Promptly send us copies of the legal papers if
a suit is brought.
D. A person seeking Coverage For Damage To Your
Auto must also:
1. Take reasonable steps after loss to protect
"your covered auto" or any "non-owned auto"
and their equipment from further loss. We will
pay reasonable expenses incurred to do this.
2. Promptly notify the police if "your covered auto"
or any "non-owned auto" is stolen.
3. Permit us to inspect and appraise the damaged
property before its repair or disposal.

4. Authorize us to obtain:
a. Medical reports; and
PART F GENERAL PROVISIONS
BANKRUPTCY
Bankruptcy or insolvency of the "insured" shall not
relieve us of any obligations under this policy.
CHANGES
A. This policy contains all the agreements between
you and us. Its terms may not be changed or
waived except by endorsement issued by us.
B. If there is a change to the information used to
develop the policy premium, we may adjust your
premium. Changes during the policy term that may
result in a premium increase or decrease include,
but are not limited to, changes in:
1. The number, type or use classification of insured vehicles;
2. Operators using insured vehicles;
3. The place of principal garaging of insured
vehicles;
4. Coverage, deductible or limits.
If a change resulting from A. or B. requires a premium
adjustment, we will make the premium adjustment in
accordance with our manual rules.

PP 00 01 01 05

C. If we make a change which broadens coverage


under this edition of your policy without additional
premium charge, that change will automatically
apply to your policy as of the date we implement
the change in your state. This Paragraph (C.) does
not apply to changes implemented with a general
program revision that includes both broadenings
and restrictions in coverage, whether that general
program revision is implemented through introduction of:
1. A subsequent edition of your policy; or
2. An Amendatory Endorsement.
FRAUD
We do not provide coverage for any "insured" who
has made fraudulent statements or engaged in
fraudulent conduct in connection with any accident or
loss for which coverage is sought under this policy.
LEGAL ACTION AGAINST US
A. No legal action may be brought against us until
there has been full compliance with all the terms of
this policy. In addition, under Part A, no legal action may be brought against us until:
1. We agree in writing that the "insured" has an
obligation to pay; or
2. The amount of that obligation has been finally
determined by judgment after trial.

ISO Properties, Inc., 2003

Page 11 of 13

B. No person or organization has any right under this


policy to bring us into any action to determine the
liability of an "insured".

(2) If notice is mailed during the first 60


days this policy is in effect and this is
not a renewal or continuation policy; or

OUR RIGHT TO RECOVER PAYMENT


A. If we make a payment under this policy and the
person to or for whom payment was made has a
right to recover damages from another we shall be
subrogated to that right. That person shall do:

b. At least 20 days notice in all other cases.


3. After this policy is in effect for 60 days, or if this
is a renewal or continuation policy, we will cancel only:
a. For nonpayment of premium; or
b. If your driver's license or that of:
(1) Any driver who lives with you; or
(2) Any driver who customarily uses "your
covered auto";

1. Whatever is necessary to enable us to exercise


our rights; and
2. Nothing after loss to prejudice them.
However, our rights in this Paragraph (A.) do not
apply under Part D, against any person using
"your covered auto" with a reasonable belief that
that person is entitled to do so.
B. If we make a payment under this policy and the
person to or for whom payment is made recovers
damages from another, that person shall:
1. Hold in trust for us the proceeds of the recovery; and
2. Reimburse us to the extent of our payment.
POLICY PERIOD AND TERRITORY
A. This policy applies only to accidents and losses
which occur:
1. During the policy period as shown in the Declarations; and
2. Within the policy territory.
B. The policy territory is:
1. The United States of America, its territories or
possessions;
2. Puerto Rico; or
3. Canada.
This policy also applies to loss to, or accidents involving, "your covered auto" while being transported between their ports.
TERMINATION
A. Cancellation
This policy may be cancelled during the policy period as follows:
1. The named insured shown in the Declarations
may cancel by:
a. Returning this policy to us; or
b. Giving us advance written notice of the date
cancellation is to take effect.
2. We may cancel by mailing to the named insured shown in the Declarations at the address
shown in this policy:
a. At least 10 days notice:
(1) If cancellation is for nonpayment of
premium; or

Page 12 of 13

has been suspended or revoked. This must


have occurred:
(1) During the policy period; or
(2) Since the last anniversary of the original
effective date if the policy period is other
than 1 year; or
c. If the policy was obtained through material
misrepresentation.
B. Nonrenewal
If we decide not to renew or continue this policy,
we will mail notice to the named insured shown in
the Declarations at the address shown in this policy. Notice will be mailed at least 20 days before
the end of the policy period. Subject to this notice
requirement, if the policy period is:
1. Less than 6 months, we will have the right not
to renew or continue this policy every 6
months, beginning 6 months after its original
effective date.
2. 6 months or longer, but less than one year, we
will have the right not to renew or continue this
policy at the end of the policy period.
3. 1 year or longer, we will have the right not to
renew or continue this policy at each anniversary of its original effective date.
C. Automatic Termination
If we offer to renew or continue and you or your
representative do not accept, this policy will automatically terminate at the end of the current policy
period. Failure to pay the required renewal or continuation premium when due shall mean that you
have not accepted our offer.
If you obtain other insurance on "your covered
auto", any similar insurance provided by this policy
will terminate as to that auto on the effective date
of the other insurance.

ISO Properties, Inc., 2003

PP 00 01 01 05

D. Other Termination Provisions


1. We may deliver any notice instead of mailing it.
Proof of mailing of any notice shall be sufficient
proof of notice.
2. If this policy is cancelled, you may be entitled
to a premium refund. If so, we will send you the
refund. The premium refund, if any, will be
computed according to our manuals. However,
making or offering to make the refund is not a
condition of cancellation.
3. The effective date of cancellation stated in the
notice shall become the end of the policy period.
TRANSFER OF YOUR INTEREST IN THIS POLICY
A. Your rights and duties under this policy may not be
assigned without our written consent. However, if
a named insured shown in the Declarations dies,
coverage will be provided for:
1. The surviving spouse if resident in the same
household at the time of death. Coverage applies to the spouse as if a named insured
shown in the Declarations; and

PP 00 01 01 05

2. The legal representative of the deceased person as if a named insured shown in the Declarations. This applies only with respect to the
representative's legal responsibility to maintain
or use "your covered auto".
B. Coverage will only be provided until the end of the
policy period.
TWO OR MORE AUTO POLICIES
If this policy and any other auto insurance policy issued to you by us apply to the same accident, the
maximum limit of our liability under all the policies
shall not exceed the highest applicable limit of liability
under any one policy.

ISO Properties, Inc., 2003

Page 13 of 13